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Physicians, nurses, hospitals, clinics, healthcare organizations and other medical professionals must possess and exercise the same level of professional knowledge, skill and judgment expected of all other similar healthcare providers and properly utilize that knowledge, skill and judgment for the benefit of their patients. The same standard of care is required no matter the location or cost of such care or the ethnicity, insurance status, age, marital status, relative wealth or poverty of the patient.
Unfortunately, not every medical professional, hospital or clinic consistently exercises the required standard of care. According to Johns Hopkins University, 250,000 Americans are injured or killed by medical errors or negligence every year, making it one of the leading causes of death and injury in the United States. Among all those who have been injured or died only about 3% of these victims or their families file a claim for damages.
Some physicians are consistently negligent. An astonishing 5% of physicians are responsible for half of all medical malpractice claims. The worst 1.7% of these offenders are responsible for nearly 28% of all claims for medical negligence. Also, not all hospitals are created equal. It is no secret that the quality of hospital care differs significantly depending on location, affiliation with a medical school, and staffing quality and supervision.
Phil Michels Law has recovered more than $1.5 billion in verdicts and settlements for victims of medical negligence in Los Angeles and throughout California. Our results include some of the largest medical malpractice verdicts in Los Angeles County history:
Our practice concentrates on medical malpractice cases, particularly those involving children – such as when a child suffers from cerebral palsy as a result of medical negligence during birth. Learn more about the medical malpractice cases we handle:
Medical Malpractice Claims Against Hospitals and Physicians in Los Angeles
Medical negligence can occur at any facility and with any provider. We have brought successful malpractice claims against physicians, surgeons, anesthesiologists, nurses, and major hospital systems throughout the Los Angeles area, including cases at:
Hospitals are not just responsible for their own institutional failures — they are also liable for the negligent acts of their employees. When a nurse misreads a fetal monitor strip, when a resident makes a critical error, or when hospital policy fails to protect a patient, the institution can and should be held accountable.
Medical or hospital malpractice is just a species of negligence. A driver can run a red light and cause injury, a physician or nurse can run a medical red light and cause the same injury. Both are negligent and must be responsible for the injury and damage they cause.
Some other common examples of medical malpractice include failure to adequately recognize and respond to fetal distress in labor, wrong location or unnecessary surgery, failure to obtain proper informed consent from the patient, exceeding the consent, incorrectly prescribed medication, surgical mistakes, lab errors, premature discharge, failure to recognize and respond to worrisome symptoms, failure to obtain a proper patient history, failure to order a proper x-ray or other studies, sending an unstable patient home, failure to accurately diagnose a patient or obtain the necessary studies or consults to do so.
To meet the legal standard of negligence, a claim must meet the following standard:
Finding the Right Los Angeles Medical Malpractice Attorney
Choosing the right attorney is one of the most consequential decisions you will make after a medical injury. Medical malpractice litigation in California is among the most complex and expensive in the civil justice system. Cases routinely require the retention of multiple expert witnesses, extensive medical record review, and years of litigation before resolution. Many law firms say they handle medical malpractice — few have the infrastructure, the medical expertise, and the track record to take on the largest cases and win.
Phil Michels Law has specialized exclusively in medical malpractice and catastrophic injury for more than 40 years. What sets us apart:
We are recognized by the California State Bar as specialists in medical malpractice. Our attorneys have spoken at lawyer conventions and published extensively on medical negligence litigation. When other attorneys have difficult cases, they refer them to us.
If you or a family member has been injured by medical negligence in Los Angeles, contact us today for a free case evaluation. We represent clients in Santa Monica, Los Angeles, Pasadena, Long Beach, Riverside, Kern County and throughout Southern California.
Medical malpractice refers to a situation in which a healthcare professional, such as a doctor or nurse, deviates from the accepted standards of care, resulting in harm or injury to a patient. This can include misdiagnosis, surgical errors, medication mistakes, or negligence in providing medical treatment, and often leads to legal action to seek compensation for the victim's damages.
In California, the statute of limitations for medical malpractice claims is typically set at three years from the date of the alleged medical negligence or one year from the date the plaintiff discovers, or reasonably should have discovered, the injury, whichever comes first. However, there are exceptions and complexities in California law, such as the statute of limitations for minors or cases involving foreign objects left in the body during surgery. It's crucial for individuals considering a medical malpractice lawsuit to consult with an attorney to understand their specific circumstances and the applicable time limits for their case.
To have a viable medical malpractice claim in California, four elements generally must be present: a doctor-patient relationship existed, the provider failed to meet the accepted standard of care, that failure directly caused an injury, and the injury resulted in significant damages. The best way to find out if your situation qualifies is to have your medical records reviewed by an attorney and physician together. At Phil Michels Law, we provide this evaluation at no cost to you.
California's Medical Injury Compensation Reform Act (MICRA) limits non-economic damages — such as pain and suffering — in medical malpractice cases. As of January 1, 2023, the cap is $350,000 for cases involving injury and $500,000 for cases involving death, with the caps increasing incrementally each year through 2033. Critically, MICRA does not cap economic damages, which include all past and future medical expenses, lost wages, and the cost of long-term care. In catastrophic cases — such as those involving permanent disability or brain injury — economic damages alone can reach into the millions of dollars.
Most medical malpractice cases in Los Angeles take between two and four years to resolve, from initial investigation through trial or settlement. Los Angeles County courts are among the busiest in the state, which can affect scheduling. However, many cases settle before trial. The timeline depends on the complexity of the case, the number of defendants, and whether liability is disputed. We keep our clients informed of progress throughout and will give you a realistic assessment from the start.
Yes. In many cases both the treating physician and the hospital share responsibility for a patient's injury. Hospitals can be held liable for the negligence of their employed staff, for systemic failures such as inadequate supervision or unsafe policies, and for credentialing physicians who should not have been granted hospital privileges. We routinely name multiple defendants in our cases when the evidence supports it.
Yes. Signing a consent form does not waive your right to bring a malpractice claim. Consent forms acknowledge that you understand the known risks of a procedure — they do not give a provider permission to be negligent. If your injury resulted from a failure to meet the standard of care, a consent form is not a barrier to recovery.
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